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Neighborhood Commission

REGULAR MEETING MINUTES – DRAFT

MONDAY, AUGUST 27, 2012   

CITY COUNCIL COMMITTEE MEETING ROOM

HONOLULU HALE, ROOM 205

530 SOUTH KING STREET

 

CALL TO ORDER: Chair Sylvia Young called the Neighborhood Commission (NC) regular meeting to order at 7:04 p.m. with a quorum of seven (7) Commissioners present. Note – This is a nine (9) member Commission and requires five (5) members to establish quorum and take official Commission action.

 

Commission Members PresentBob Finley, Loryn Guiffre, Wilson Kekoa Ho, Jeanette Nekota, Kathleen Pahinui, Claire Tamamoto, and Sylvia Young.

 

Commission Member Absent – Wilson Kekoa Ho and Bob Stubbs.

 

Guests – Charles Zahn (Member, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34); Ariel De Jesus (Member, Ewa Neighborhood Board No. 23); Ron Lockwood (Member, McCully-Moiliili Neighborhood Board No. 8); Debbi Glanstein (Member, Kailua Neighborhood Board No. 31); Maeda and Keith Timson; Mike, Michael Jr., Carolyn, and Michele Golojuch; Albert Furuto; Representative Jo Jordan; Kamilla Chan (Deputy, City Corporation Counsel); J. Thomas Heinrich (Executive Secretary); Bryan Mick, Marie Richardson, Leland Ribac, and Theona Kapoi (Neighborhood Commission Office). *All board members are speaking in their individual capacity and not as a representative of the Board unless otherwise indicated.* 

 

ROLL CALL OF COMMISSIONERS: A roll call of members established a quorum of seven (7) Commissioners present.

 

APPROVAL OF MINUTES:

 

July 23, 2012 Regular Meeting MinutesFinley moved, Pahinui seconded that the July 23, 2012 Neighborhood Commission regular meeting minutes be APPROVED as CORRECTED. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Stubbs, and Young; No: None; Abstain: None). Correction is to include Commissioner Ed Gall as present on page one.

 

July 30, 2012 Regular Meeting MinutesPahinui moved, Tamamoto seconded that the July 30, 2012 Neighborhood Commission regular meeting minutes be APPROVED as CIRCULATED. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Stubbs, and Young; No: None; Abstain: None).

 

Executive SessionFinley moved, Pahinui seconded that Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4) for the purpose of consulting with the Neighborhood Commission’s legal counsel on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities in relation to the review and approval of Executive Session minutes. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Stubbs, and Young; No: None; Abstain: None).

 

The Commission moved into Executive Session at 7:07 p.m. Chair Young reconvened the regular meeting at 7:12 p.m.

 

PUBLIC INPUT:

 

Neighborhood Plan Amendments – D. Glanstein commented that she has some reservations regarding the Neighborhood Plan amendment for the NC to extend board member terms from two years to four years. She noted that in her opinion it would deter people from sitting on the Neighborhood Boards.

 

Board Member Powers – D. Glanstein requested further information regarding the general discretionary powers of board members. She is concerned that occasionally something is said that may be insulting and rude of someone’s attempt to serve in a designee capacity on some other organization that is being discouraged. In the Kailua Neighborhood Board case it is a concern as someone was denied that opportunity to do so. However, if this is in the discretionary powers of the presiding officer as noted in the Neighborhood Plan, then this should be considered for review.

 

Neighborhood Board Suspensions – Makakilo resident M. Timson formally requested the suspension of the Makakilo/Kapolei/Honokai Hale (Makakilo) Neighborhood Board No. 34 and all of the West Oahu Neighborhood Boards. She does not feel Board No. 34 is serving its purpose for the community and it has become a forum for violence. M. Timson noted that at the June 27 and August 22, 2012 Makakilo Board meetings she was repeatedly called names. At the most recent meeting her employer was present to hear slanderous things said about her. M. Timson noted that she was at the Makakilo Board meeting to report on various community events.

 

Chair Young requested that M. Timson abide by the three minute time limit and noted she will allow M. Timson to speak after everyone else has brought up their public input concern to the NC.

 

Neighborhood Commission Failure – Makakilo resident M. Golojuch Jr. feels the NC has failed him and the Board System because nothing has been done to train board members. M. Golojuch Jr. does not feel that Troy Cullen is a fit Chair for the Makakilo Board. He also feels that it was not right for ES Heinrich to dismiss the complaints he had filed with the NCO with the earliest complaint, although before his time as the ES, it is still seven years old and the behavior is still horrible by various members of the Makakilo Board. There is a lack of training that is needed by the board members and there is also one common factor amongst all the West Oahu Neighborhood Boards which is Councilmember Tom Berg. M. Golojuch Jr. suggested if the City is looking to save money, instead of moving board member terms to four years, all board members should be appointed and there will be some accountability.

 

Makakilo Neighborhood Board Meeting – Makakilo resident Michele Golojuch noted that at the last two Makakilo Board meetings she was verbally assaulted. She also witnessed some upset residents follow a woman with a small child out of the meeting room to the parking lot and verbally assault her as well. She noted that Chair Troy Cullen called a recess and wouldn’t call the meeting back to order until everyone calmed down. However, he called the meeting back to order anyway. She noted that she sees advice being given to the Chair by the Neighborhood Assistant but is not sure of what the advice is and if it is being followed. Michelle Golojuch noted that she is now scared to return to the Makakilo Board meetings and has video recorded some of the incidents in which these things have occurred. She raises concern due to the lack of ability for the chair to control the meeting.

 

Unprofessional Behavior At Board Meetings – Makakilo resident C. Golojuch noted that she has not attended a Makakilo Board meeting recently due to the violence and unprofessional behavior at the meetings. Over the years it was noted that nothing has been done against the Makakilo Board. She also suggested that the Board receive some kind of formal training. She requested that there be a way for the Board meeting to be a safe and productive forum or they be disbanded because the decisions made by the Boards are not binding in a court of law, the Neighborhood Board is advisory.

 

Common Problem For West Oahu Neighborhood Boards – M. Golojuch noted that he served on the Board before and notes that he is glad he is not currently on the Makakilo Board. He doesn’t feel the Board is effective and there is one council member that adds fuel to the fire. All the Board does now is fight and recently they have gone as bad as speaking on one subject for two and a half hours. It was requested for something to be done to make the Board effective again.

 

Welcome – Resident Al Furuto introduced himself and welcomed the new Commissioners to serving the community. Furuto noted that he was glad to see there are new people getting involved with a different focus.

 

Giving Community Reports – Keith Timson noted that it is difficult for him to sit in the audience as a husband and watch as other community members attack and swear at his wife M. Timson. K. Timson noted that the NC has to do something to correct the issue as the conduct of other community members is uncalled for and inappropriate. K. Timson noted that his wife no longer sits on the Makakilo Board and goes there to present community reports. He noted that it is an embarrassment for Kapolei to be named the Second City when the meetings are out of control.

 

Chair Young noted that she misspoke earlier regarding the rules of speaking and would not allow M. Timson to finish the statement she began earlier. M. Timson noted that she disagreed with what the rules of speaking said and requested a vote by the NC to see if they would hear the remainder of her concern. Commissioner Pahinui and Tamamoto requested that M. Timson complete her statement.

 

M. Timson Continued – M. Timson noted that the NC and the ES knowingly uses tax dollars to sponsor the Makakilo Board meeting every month which promotes anger, violence and unprofessional behavior. These acts are knowingly occurring at the monthly meetings because there is an employed staff member at the meetings and at another meeting there were two Commission members sitting in the audience. The community members come to meetings and witness how people are treated and it turns them away from wanting to participate in future meetings. M. Timson noted that when she was Chair the Makakilo Board accomplished many things and emphasized that it was done in a professional manner. M. Timson constantly hears from the community that they are ashamed of the Makakilo Board and she should return to the Board but she did not want to be a part of it as they are out of control. M. Timson questioned what it would take for the Commission to finally take action before someone becomes a victim of bodily harm. M. Timson specifically requested that the Makakilo Board meeting of August 22, 2012 not be televised because she was and her employer was slandered – Mr. Franklin Souza stated that she repossessed her car and because she did so, he said he would take her job. M. Timson noted that she wouldn’t be able to release that kind of information because of privacy requirements of her job, and she works in a completely different division from auto loans anyways. She questioned how the Commission would feel if they were in her position and it was to be televised at a later date. It also had nothing to do with the Board or the community’s interest. It was requested to review the meetings prior to it being broadcasted. It was noted that a lawsuit may come about with the incidents occurring at the meetings because there are not violations of the Neighborhood Plan, but with simple changes to that can be fixed. It is time for the Commission to be responsible for the conduct at the Board meetings. It is in the power of the Commission and they can do something.

 

EXECUTIVE SECRTARY’S REPORT:

 

Status of Pending Complaints Update – ES Heinrich commented that he did receive the letter from Golojuch Jr. requesting to continue with his complaint. Due to the dual office locations of the NCO, the letter was time stamped accordingly, but was not received by ES Heinrich until after the agenda had been filed. ES Heinrich noted that Kapoi indicated particular deadlines on the calendar for the respondents to address the complaints filed by the ES. ES Heinrich requested that the NC consider trying to identify when to do “consolidated” hearings.

 

Neighborhood Commission Office (NCO) Update – ES Heinrich noted that the Neighborhood Assistant position offered has not been accepted. The decision was not made until after the Primary Election was complete. With that being said, all 15 NCO staff positions are appointed and the office could have a 100 % turn over come January

 

NCO Video Recording Program – The primary contractor video records 20 out of the 22 Neighborhood Boards that record their meetings. The recordings are public documents and ES Heinrich acknowledges M. Timson’s comments made earlier. Neighborhood Board meetings should be a fair, safe, and respectful community forum. ES Heinrich noted that he may request time on various board agendas to address such issues and possibly hold a non-public workshop; however, this does not assist with the behavior of audience members. 

 

Neighborhood System Planning Calendar – It was requested that the Commissioners note as soon as possible when they will not be available. ES Heinrich stressed trying to schedule the consolidated hearings so that the complaints may still be addressed.

 

Neighborhood System Guidebook Update – ES Heinrich noted that this is an ongoing project and would like to get it completed and published as soon as possible.

 

Pahinui moved, Guiffre seconded that the Commission move the agenda out of order to hear items under agenda item 8, Commission Business. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Stubbs, and Young; No: None; Abstain: None).

 

Commissioner Nekota requested information before moving on. Nekota asked ES Heinrich if there is a training schedule for the Neighborhood Boards. ES Heinrich noted that there are some ideas being developed and the most recent is working with the interns from “Code for America’. They developed a system that can be utilized called “Honolulu Answers.”

 

M. Timson requested to ask a question regarding one of the updates given by ES Heinrich. M. Timson asked if the August 2012 Makakilo/Kapolei/Honokai Hale Neighborhood Board meeting will continue to be publicized even though she made the request for it not to be. M. Timson reiterated that the slanderous comments made about her were not true and also not related to Board Business.

 

ES Heinrich noted that video recordings are public documents and many of the questions raised with have to be brought clarified by the City Department of Corporation Counsel. ES Heinrich noted that his initial reaction would be to review the video recording. M. Timson should be notified within the next few weeks regarding the decision of broadcasting the Board meeting. Again, the Olelo Community Television creates the schedule in which the Board’s will be shown. M. Timson suggested Olelo rebroadcast another meeting until a decision is made

 

Commissioner Tamamoto noted that she was not aware of what had happened at the meeting. She noted that she would like time to discuss it before making a decision about removing the broadcast.

 

COMMISSION BUSINESS:

 

Neighborhood Plan Proposed Amendments and Timeline – Commissioner Finley thanked the NCO staff and Commissioners who were able to assist with the hearings on Saturday, August 25, 2012. Commissioner Finley noted that he would like to have a Neighborhood Plan Committee meeting on Monday, September 10, 2012 at 10:00 a.m. in the Mission Memorial Annex 2nd floor.

 

Consideration of Executive Secretary’s Recommendation to Dismiss the Following Complaints

 

-          0507-#34-02  Golojuch Jr. v. Makakilo NB34 – Chair Young noted that it was mentioned earlier that a response was received before the stated deadline and therefore the complaint will be continued.

 

Without objection, Chair Young moved item 8.2.7, 1006-#34-12 Golojuch Jr. v. Dudley out of order for discussion.

 

-          1006-#34-12  Golojuch Jr. v. Dudley – Chair Young noted that it was mentioned earlier that a response was received before the stated deadline and therefore the complaint will be continued.

 

The agenda resumed order with item 8.2.2, 0707-#8A-07 Furuto v. McCully NB8.

 

-          0707-#8A-07  Furuto v. McCully NB8 – The complaint will be continued at the request of Al Furuto by telephone request on August 27, 2012.

-          0707-#8B-08  Furuto v. McCully NB8 – The complaint will be continued at the request of Al Furuto by telephone request on August 27, 2012.

-          0707-#8C-09  Furuto v. McCully NB8 – The complaint will be continued at the request of Al Furuto by telephone request on August 27, 2012. Commissioner Finley questioned if the NC has jurisdiction over the substance of the complaint due to it being a violation of the Sunshine Law. ES Heinrich noted that the only thing the NC has to deal with right now is the recommendation of the ES to dismiss the complaints and not consider the issue of the complaint right now.

 

Tamamoto moved, Pahinui seconded that the Neighborhood Commission accept the recommendation by Executive Secretary Heinrich to dismiss complaint numbers 0904-#13-02 (Middleton v. Lavoie), 1004-#20-06  (Lum Lee v. Morinaga-Wells), 1010-#22-18 (Kalamau v. Herolaga/Andrade), and 1103-#36-06 (Kaopua v. Teruya). Discussion followed:

 

  • Commissioner Tamamoto noted that it was consistent with the grid distributed.
  • Commissioner Finley suggested they move the files to inactive files instead of dismissing them because we were not able to receive a response from the complainants.
  • Commissioner Pahinui thought the recommendation by Corporation Counsel would be to move the files to an inactive file.

 

Pahinui moved, Tamamoto seconded that the Neighborhood Commission move into Executive Session pursuant to Hawaii Revised Statutes Sections 92-4 & 92-5(a)(4) for the purpose of consulting with the Neighborhood Commission’s legal counsel on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities in relation to the consideration of the Executive Secretary’s recommendation to dismiss several complaints. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Tamamoto, and Young; No: None; Abstain: None).

The Commission moved into Executive Session at 8:19 p.m.

 

Chair Young reconvened the meeting at 8:33 p.m.

 

After further discussion with legal counsel, Commissioners Tamamoto and Pahinui withdrew the motion to accept the written recommendation by ES Heinrich to dismiss complaint numbers 0904-#13-02 (Middleton v. Lavoie), 1004-#20-06  (Lum Lee v. Morinaga-Wells), 1010-#22-18 (Kalamau v. Herolaga/Andrade), and 1103-#36-06 (Kaopua v. Teruya).

 

Tamamoto moved, Finley seconded that the Neighborhood Commission defer the discussion of complaint numbers 0904-#13-02 (Middleton v. Lavoie), 1004-#20-06  (Lum Lee v. Morinaga-Wells), 1010-#22-18 (Kalamau v. Herolaga/Andrade), and 1103-#36-06 (Kaopua v. Teruya) until the next Commission meeting and requests that the NCO have further information for the Commission to consider. Discussion followed:

 

·         Kapoi asked what kind of further information the Commission is requesting.

·         Commissioner Tamamoto clarified that additional follow up with the complaints should also be done.

 

The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Tamamoto, and Young; No: None; Abstain: None).

 

-          0904-#13-02  Middleton v. Lavoie – Item deferred pending further information.

-          1004-#20-06  Lum Lee v. Morinaga-Wells – Item deferred pending further information.

-          1006-#34-12  Golojuch Jr. v. Dudley – This item was previously addressed.

-          1010-#22-18  Kalamau v. Herolaga/Andrade – Item deferred pending further information.

-          1103-#36-06  Kaopua v. Teruya – Item deferred pending further information.

 

Appointment of Hearing Officer(s), Consolidation of Complaint Hearings, Scheduling of Hearing – Chair Young noted that she would like to recommend former Commissioner Grant Tanimoto and the Executive Secretary to the Neighborhood Commission be appointed as Hearing Officer(s) for the processing of complaints.

 

Finley moved, Pahinui seconded that the Neighborhood Commission accept Chair Young’s recommendation of Grant Tanimoto and the Executive Secretary to the Neighborhood Commission to be appointed as the Hearing Officer(s) for the processing of complaints.  Discussion followed:

 

·         Commissioner Nekota noted that appointing the ES as a hearings officer may be a conflict of interest.

·         Commissioner Pahinui noted that appointing the ES is a good idea as they should also be knowledgeable of the Neighborhood Plan.

·         Commissioner Tamamoto noted that she is okay with the appointing Tanimoto, however she does have some reservations with appointing the ES. It would be best for the hearings officer to be able to rule fairly and independently from the NCO.

·         Commissioner Gall noted that after his successor to the Commission is appointed, he would volunteer as a hearings officer.

·         Chair Young cited section 2-18-103(b) of the Neighborhood Plan which states that, “The Commission, at its discretion, may appoint a hearings officer, who may be the executive secretary, to conduct the hearing and make a recommendation to the Commission.” Chair Young noted that this is part of the reason why she would like to appoint the ES to also be a hearings officer.

·         Commissioner Tamamoto questioned if the Commission is looking to have three hearings officers.

·         Commissioner Nekota noted that she was not comfortable with having the ES as a hearings officer.

 

Pahinui moved, Tamamoto seconded that the Neighborhood Commission amend the motion to include appointing Ed Gall as a hearings officer. The motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Tamamoto, and Young; No: None; Abstain: None).

 

The main motion was UNANIMOUSLY ADOPTED, 7-0-0 (Aye: Finley, Gall, Guiffre, Nekota, Pahinui, Tamamoto, and Young; No: None; Abstain: None).

 

Chair Young noted that the Commission will now have to discuss the when to hear the complaints and how the entire process will happen.

 

De Jesus noted that the NC already made the motion to expedite the Ewa complaints. it looks as if  the NC will be doing hearings during the holiday season.

 

Kapoi noted that there are three different complaint processes that the Commission has to consider when going over the outstanding complaints. The first is any complaint dated prior to the 2008 Neighborhood Plan (NP). Anything dated prior to the 2008 NP will have to go through Corporation Counsel for a pre-hearing prior to the full NC holding a hearing. The second is any complaint dated between 2009 and February 5, 2011 has to go to the full NC for a hearing. This is just over half of the complaints that have been received by the NCO. The final process to consider is the use of the hearings officer for complaints dated February 6, 2011 and beyond. This is due to the complaint process being amended effective on February 5, 2011.

 

Kapoi suggested the Commission consider doing consolidated hearings at the earliest beginning September 12, 2012 for the complaints that have to be heard by the full NC.

 

Chair Young noted that as she looked over the calendar, all Commissioners should be available on October 10 and 11, 2012. This would be for the hearing the complaints initiated by ES Heinrich against Nanakuli-Maili Board Member Kimo Kelii and the Ewa Neighborhood Board. Commissioner Pahinui recommended that both hearings be held at Kapolei Hale. Chair Young noted that tentatively the NC will hold the hearing for Kimo Kelii on October 10, 2012 at Kapolei Hale. The Commission will recess its regular meeting on October 22, 2012 to hold the hearing against the Ewa neighborhood Board.

 

Commissioner Pahinui departed at 9:08 p.m.; Quorum of six (6) members present.

 

Fortieth Anniversary of the Neighborhood Board System – ES Heinrich noted he will have to check the effective dates of the anniversary of the Neighborhood Board System.

 

D. Glanstein noted that the Kailua Neighborhood Board began in 1976 and has all kinds of memorabilia for the Kailua Board. D. Glanstein has asked Mick for his assistance with getting previous Board Members term dates. The Kailua NB would also like to establish a website and digitize all the information they have.

 

Commissioner Nekota noted that when she was first appointed to the Commission by former Councilmember Dela Cruz’s office there were two folders that pertained to the Neighborhood Boards. It was noted that a follow up should be done with the City and Council Services.

 

Commissioner Guiffre departed at 9:19 p.m.; Quorum of five (5) members present.

 

Finely requested the item be deferred to a later meeting after follow up is done by the NCO and the Permitted Interaction Group members can be named.

 

Future Planning – Chair Young noted that most of this has already been covered. If items need to be added, it will be done so along the way. Commissioner Finley noted that Complaint Hearings are going to fill a good part of the calendar up.

 

Mick noted that there is a online series on Parliamentary Procedure that board members can look up on their own time. Mick found the video online via YouTube and tried to contact the person that posted the video  in 10 segments. He will forward the link to the Commissioners to review prior to informing the board members.

 

Chair Young resumed the original order of the agenda with item 6, Neighborhood Board Visitation and Evaluation Reports by Commissioners.

 

Neighborhood Board Visitation and Evaluation Reports by Commissioners – There were no visitations by Commissioners over the past month.

 

COMMITTEE REPORTS:

 

Finance Committee – Committee Chair Tamamoto had no update to report.

 

Elections Committee – Committee Chair Nekota had no update to report.

 

Neighborhood Plan (NP) Committee – Committee Chair Finely reported that there were hearings on Saturday, August 25, 2012. The NP Committee will have a meeting on Monday, September 10, 2012 regarding the testimony received. The final hearing will be at the full NC meeting on September 24, 2012 where the NC will decide to adopt the amendments or not.

 

Ron Lockwood requested copies of the complaints filed by Mr. Furuto against the McCully-Moiliili Neighborhood Board as he did not have references to those complaints in his files.

 

Chair Young noted that since there were not enough Commissioners present, they could not add the item to send a letter of support for the appointment of Charles Zahn to the Neighborhood Commission. If the Commissioners would like, they may send in a letter of support individually.

 

ANNOUNCEMENTS:

 

Next Neighborhood Commission Meeting – The Neighborhood Commission’s next regular meeting is scheduled for Monday, September 24, 2012 at 7:00 p.m. at the City Council Committee Meeting Room, Honolulu Hale, Room 205, 530 South King Street. The Commission’s regular meetings are scheduled for the fourth Monday of each month, unless otherwise noticed.

 

ADJOURNMENT: The meeting was adjourned at 9:32 p.m.

 

Submitted by Theona Kapoi, Neighborhood Commission Office

 

Reviewed by Bryan Mick, Neighborhood Commission Office

 

 

Last Reviewed: Wednesday, September 19, 2012